29 Further exceptions in relation to disability

(1)

Nothing in section 22 shall prevent different treatment based on disability where—

(a)

the position is such that the person could perform the duties of the position satisfactorily only with the aid of special services or facilities and it is not reasonable to expect the employer to provide those services or facilities; or

(b)

the environment in which the duties of the position are to be performed or the nature of those duties, or of some of them, is such that the person could perform those duties only with a risk of harm to that person or to others, including the risk of infecting others with an illness, and it is not reasonable to take that risk.

(2)

Nothing in subsection (1)(b) shall apply if the employer could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.

(3)

Nothing in section 22 shall apply to terms of employment or conditions of work that are set or varied after taking into account—

(a)

any special limitations that the disability of a person imposes on his or her capacity to carry out the work; and

(b)

any special services or facilities that are provided to enable or facilitate the carrying out of the work.